§ 4755 — Officer holding execution; return of payments or settlement

Delaware § 4755

• Jurisdiction: Delaware
• Title: 10
• Part: Procedure
• Ch. 47: JUDGMENTS
• Subch.: Satisfaction of Judgments

Text

(a) When the sheriff or other officer, to whom an execution is directed, levies or receives the sum due thereon, or any part thereof, or obtains a settlement of the execution, such officer shall make return of such receipt or settlement, under his or her hand, endorsed upon the execution, with the sum and date of each payment, if the execution is not fully satisfied. If the receipt or settlement is after the execution is returned, it shall be certified, within 30 days thereafter, to the prothonotary in whose office the execution is. In such latter case, the prothonotary shall annex the certificate to the execution. The prothonotary shall enter every return of payment or settlement upon the docket of the execution. If the judgment is thus satisfied, the prothonotary shall also note it on the record of such judgment.

(b) This section does not extend to an execution issued by a justice of the peace or the Court of Common Pleas.

Legislative History

Code 1852, § 2414; Code 1915, § 4309; Code 1935, § 4781; 10 Del. C. 1953, § 4755; 70 Del. Laws, c. 186, § 1